India’s counsel at ICJ Harish Salve (L), VD Sharma & Deepak Mittal (R) both Joint Secretaries at India's Ministry of External Affairs is seen at the International Court of Justice in Hague

India dragged Pakistan at ICJ for allegedly abducting a retired Indian Navy Commander Kulbhushan Jadhav from Iran and convicting him on charges of espionage and terrorism. The Indian national was convicted by a military court without giving consular access despite repeated requests from New Delhi

Kulbhushan Jadhav Hearing at ICJ: India on Wednesday objected to the language used by the counsel representing Pakistan at the International Court of Justice (ICJ). Pakistan counsel Khawar Qureshi on the second day of the hearing used some words such as “shameless, nonsense, disgraceful, arrogant” to refer to India while representing Islamabad at ICJ.

Taking strong objection to these words, India’s counsel at ICJ Harish Salve urged the court to draw some ‘red lines’. “The language echoed in this court… perhaps this court may lay down some red-lines. The transcript is peppered with words such as shameless, nonsense, disgraceful, arrogant…India takes exception to be addressed in this fashion in an international court. India strongly objects to the abusive language of Pakistan’s counsel.”

The former solicitor general said that the criticism of a sovereign state of the case made out of the other state must be in a language consistent with the dignity of other states. “Humpty-Dumpty has no place in this court,” Salve continued.

Suggesting that Pakistan has run out of facts, Salve said: “When you are strong on law you hammer the law, when you are strong on facts you hammer the facts, but when you are strong on neither you hammer the table. Pakistan has hammered the proverbial table. India has hammered facts”.

India dragged Pakistan at ICJ for allegedly abducting a retired Indian Navy Commander Kulbhushan Jadhav from Iran and convicting him on charges of espionage and terrorism. Indian national Jadhav was convicted by a military court without giving consular access despite repeated requests from New Delhi.

India contends that by not giving consular access, Pakistan has breached Article 36 of Vienna Convention which says that a country must be informed about the detention of its citizens. However, Pakistan did not inform about Jadhav’s abduction and conviction before handing him the death penalty. Salve on the first day of hearing informed the ICJ that India had sought the certified copy of charge sheet, evidence, and a copy of the military court judgement but Pakistan did not respond.

Ministry of External Affairs Joint Secretary Deepak Mittal on Wednesday made the final submission at ICJ and said that Pakistan acted in breach of Article 36 of Vienna Convention by failing to inform Jadhav of his rights. “India requests this court to adjudge and declare that Pakistan acted in egregious breach of Article 36 of Vienna Convention,” he said.

The MEA officer requested ICJ to ‘annul the decision of the military court and restrain Pakistan from giving effect to the sentence. “Release Jadhav and ensure his safe passage to India. If not then direct a trial under normal law before civilian courts with full consular access,” Deepak Mittal said.

Harish Salve, too, flagged serious breach of consular access on the first day of the hearing. On Wednesday, the Indian counsel again said that the time has come for the court to make Article 36 a potent weapon for protecting human rights. He also drew the court’s attention to the functioning of military courts in Pakistan.

Salve said that the manner in which Pakistan military courts function has been documented even by the European Parliament. “If the military courts don’t measure up to due process then domestic statutory law is irrelevant. India submits that this court (ICJ) should not sanctify trial by military courts of civilians, especially trial by Pakistan military courts.”

He further argued that such courts should not exist because in such system — “Fair and public hearing? Absent. Competent and independent tribunal? Absent. Counsel of own choice? Absent.” Salve said that the court will have to decide for itself whether it considers that such a system can be sanctified

India had a maximum of 90 minutes to submit its final arguments in the case on Wednesday. Pakistan will also get the same time to respond to India’s arguments today (Thursday). The court is expected to deliver its verdict in the summer of 2019.